What are the Basics of Protecting and Recovering Domain Names?
The Basics of Protecting and Recovering Domain Names
Domain names are valuable marketing assets, but disputes over ownership have become increasingly common as the Internet expands. The Uniform Domain Name Dispute Resolution Policy (UDRP) provides a faster, less expensive administrative alternative to litigation for resolving many of these conflicts.
What the UDRP Is and When It Applies — Adopted by ICANN and implemented by most registrars, the UDRP applies to many common top-level domains such as .com, .net, and .org. It allows companies to challenge improper domain name registrations without filing a traditional lawsuit, saving time and cost.
Requirements to Win a UDRP Dispute — To succeed, a complainant must show ownership of a trademark identical or confusingly similar to the domain name, that the registrant lacks legitimate rights in the domain, and that the domain was registered or used in bad faith. Bad faith may include intent to sell the domain to the trademark owner, a pattern of infringing registrations, or creating confusion for commercial gain.
Defenses, Remedies, and Next Steps — A registrant may defeat a claim by showing legitimate use, being commonly known by the domain name, or making fair, noncommercial use of it. If the complainant prevails, the domain name is cancelled or transferred, though either party may still pursue litigation afterward.
For more information, see our blog post Basics of Protecting and Recovering Domain Names.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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